Following separation, we appreciate that the welfare and care arrangements for your children are your main priority. We will provide the professional legal advice to ensure they are prioritised.
In evaluating and determining children’s matters, the best interests of the children is the pivotal and paramount consideration.
Following separation, there is also a rebuttable presumption that the children should have a meaningful relationship with both parents.
If there has been a history of domestic and/or family violence and abuse between the parties or involving the children, it is essential that legal advice is sourced and retained to advise you of your legal rights throughout your journey to obtain parenting Orders.
At WA Family Legal, we will help you by:
- Providing advice in relation to the relevant legislation pertaining to child related matters and property matters, the Court process and legal costs going forward;
- Writing a pre-action letter to the other parent and attempt to engage them in meaningful negotiations in relation to resolving your children’s matter;
- Encouraging you to attend mediation to reach an agreement;
- Drafting a parenting plan;
- Negotiating and drafting a Form 11 Application for Consent Orders;
- Drafting Family Court documents to instigate proceedings in the Family Court;
- Drafting response documents in the event the other parent has initiated proceedings;
- File and serving your Court documents;
- Drafting Applications, Affidavits and Trial documents;
- Representing you at a Dispute Resolution Conference; and
- Representing you in the Family Court to obtain the following:
- Parenting Orders – in relation to parental responsibility, which parent the children are to live with and with determining suitable spend time arrangements etc;
- Supervised Spend Time Orders – where there are allegations that a parent presents a risk of harm and their time needs to be supervised;
- Recovery Orders – if the children have not been returned to your care and you are someone who is entitled to spend time with them;
- Relocation Orders – in the event you need to move to another location intrastate, interstate or overseas;
- Change of Name Orders – if there is no agreement between the parties for this to occur;
- Paternity Testing Orders and Declarations – if there are any questions in relation to the identity of the biological parent, child support payments etc.;
- Travel Orders – allowing a parent to travel with the children when consent is unreasonably withheld;
- Special Occasion Orders – to allow children to spend time with their parents and extended family for special events;
- Information Orders – to ensure a parent has access to educational and medical information about a child;
- Non-Denigration and Non-Molestation Orders – to prevent parties engaging in abusive and denigrating communication and conduct; and
- Injunctions – protecting you or your children from family violence; preventing one parent from removing the children from their School, the other parent; the State, the Commonwealth, using illicit drugs, using alcohol to excess and prior to their time with the children; attending at the other parent’s property, place of work or study.